MORGAN STANLEY MTGE. LOAN TRUST 2006-17XS v. WALDMAN

2014-02245, Index No. 21338/10.

131 A.D.3d 1140 (2015)

16 N.Y.S.3d 331

2015 NY Slip Op 06901

MORGAN STANLEY MORTGAGE LOAN TRUST 2006-17XS, 2006-17XS, as Trustee, Appellant, v. JOEL WALDMAN, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 23, 2015.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.

The plaintiff commenced this action to foreclose a mortgage after the borrower, the defendant Joel Waldman, defaulted on his residential mortgage loan for the subject premises. Waldman does not dispute that he was served with a summons and complaint on or about September 14, 2010, and that he did not timely appear or answer. The summons warned Waldman...

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